The Presumption of Innocence Podcast: Episode 35 - A Double-Edged Sword? The DOJ Confronts AI
Understanding the Whistleblower Pilot Program in the Southern District of New York
Corporate Criminal Liability in South America
What DAG Lisa Monaco's Speech Means for Compliance Programs
New DOJ Guidance Tightens Corporate Enforcement Strategy
The Justice Insiders: Former U.S. Attorney General Barr Appears on The Justice Insiders
Digging Deeper Episode 10: Misguided or Misconduct? Understanding Bad Behavior in the Corporate World
WorldSmart: Policing International Corporate Crime as the World Recovers from COVID-19
Doing Business in the European Union | Anonymity & Keeping the Whistleblower's Identity Confidential
Doing Business in the European Union | Key Elements of the EU Directive on Whistleblower Protection
Doing Business in the European Union | Global Laws & Compliance Program
Do I Need a Lawyer? Federal Employees Under Investigation [More with McGlinchey Ep. 1]
FCPA Compliance Report-Episode 333, Professor Samuel Buell
The UK government introduced a major overhaul of its framework for addressing financial crime — and brought into force numerous significant changes — when the Economic Crime and Corporate Transparency Act 2023 (the Act)...more
On April 15, 2024, the Department of Justice’s (DOJ’s) Criminal Division unveiled a new Pilot Program on Voluntary Self-Disclosures for Individuals that offers non-prosecution agreements (NPAs) to individuals who voluntarily...more
Companies House has been granted new powers to crack down on fraud, but whether it has the resources to take advantage of these and properly clean up the register of companies is questionable. Originally published by...more
On 26 October 2023, the Economic Crime and Corporate Transparency Act 2023 (the Act) became law in the UK. The Act represents a major overhaul of the UK government’s framework for tackling financial crime and has brought into...more
Commercial bribery enforcement also became more active, as the authorities marked the 30th anniversary of the PRC Anti-Unfair Competition Law. The revision of the PRC Anti-Espionage Law raised some concerns about national...more
The white collar world had an active year, with the last 12 months yielding further incentives from the US Department of Justice (DOJ) to encourage voluntary disclosures as well as key rulings from the US Supreme Court that...more
Summary - The Department of Justice (DOJ) has created the International Corporate Anti-Bribery initiative (ICAB), which aims to strengthen the United States’ global efforts in combating corruption through enhanced...more
On 11 April 2023, the UK Government announced that it has introduced a new “failure to prevent fraud” offence by way of an amendment to its draft Economic Crime and Corporate Transparency Bill (the “Economic Crime Bill”)....more
Foreign Corrupt Practices Act (“FCPA”) enforcement has yet to rebound from the immediate pre-pandemic period. In 2022, DOJ and SEC resolved eight corporate FCPA matters for $878 million, including four resolutions coordinated...more
For more than two years now, heads of the U.S. Department of Justice have maintained a steady drumbeat that they expect companies today to have in place a sound data analytics compliance program to proactively mitigate risks....more
While Foreign Corrupt Practices Act (FCPA) enforcement activity has not come close to returning to the heights seen a few years ago, 2022 reflected significant increases from the prior year in both the number of cases against...more
On January 16, 2023, France’s financial prosecutor, the “Parquet National Financier” (PNF), issued updated guidance (the Guidelines) regarding its approach to offering, negotiating and entering into French deferred...more
Earlier in January 2023, the U.S. Department of Justice (DOJ) announced revisions to its Corporate Enforcement Policy (CEP) under the Foreign Corrupt Practices Act (FCPA) for the first time since 2017. In his speech...more
El 15 de septiembre del 2022, la Fiscal General Diputada del Departamento de Justicia (DOJ), Lisa Monaco, pronunció comentarios sobre la ejecución penal corporativa en el Programa de Cumplimiento y Cumplimiento Corporativo de...more
Thursday 13 October 2022 saw the second reading of the draft Economic Crime and Corporate Transparency Bill, containing a raft of different measures including new and expanded powers for Companies House, the SFO and the NCA....more
In line with the Biden administration’s declaration last year that anticorruption is a “core United States national security interest,” sanctions evasion enforcement rapidly has become a core priority for the Department of...more
The U.S. Department of Justice ("DOJ") is making it harder on companies that commit corporate crimes. A lot harder. That’s the message that Deputy Attorney General Lisa Monaco recently gave attendees at the American Bar...more
Takeaway: With corporations facing increased scrutiny by the DOJ’s heightened compliance policy, it is more important than ever to have a robust compliance program to detect and prevent corporate misconduct....more
UK companies should be aware of the increasing focus on corporate culture by regulators on both sides of the Atlantic. In a recent speech that has garnered significant attention, US Deputy Attorney General Lisa Monaco...more
On March 3, 2021, Kilpatrick Townsend partnered with the Association of Corporate Counsel's Georgia Chapter on "Doing Business in the European Union: Exploring Cross-Border Legal Issues | Anti-Corruption, Ethics, and...more
The year 2020 witnessed a record level of $2.78 billion in corporate fines and penalties from enforcement of the Foreign Corrupt Practices Act (FCPA) by the U.S. Department of Justice (DOJ) and the U.S. Securities and...more
On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more
Yesterday, I looked at some of the more creative bribery schemes identified in 2019 Foreign Corrupt Practices Act (FCPA) enforcement actions. They were schemes involving distributors, joint ventures (JVs) and fraudulent...more
The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The...more
Enforcement Efforts Are Increasingly International - White collar investigations and prosecutions, notably those initiated by American authorities, have become increasingly international, reaching far beyond the borders of...more